Sometimes the police who arrive at the scene of an accident do not take the correct information for their reports. This results in problems for injured persons, however such problems may be corrected or explained at a later time.
If the report (known as an “MV-104”) is incorrect, consult with your attorney. Under certain circumstances, a report may be corrected or amended if done within 24 hours. Generally speaking, the police do not permit such changes (perhaps because it creates a bureaucratic problem to find the report, find the Police Officer who completed the report, etc.)
It is best to attempt to make such changes in the precinct only after consulting with an attorney. Otherwise, your attorney may provide you with the civilian version of the “MV-104.” Once it is completed, it is mailed to the DMV in Albany and it becomes the official version of your accident.
Additionally, you will have an opportunity to make a sworn statement at your deposition of your version of the accident. This is the ultimate proof of your own version of the accident. It should be noted that a Police Report is hearsay evidence and may or may not result in that information being used at trial. If the report has incorrect information and the Reporting Officer is testifying at trial, then your lawyer will have an opportunity to “cross examine” the Police Officer and set the record straight.